Capture theory - in which private purpose is substituted for government purpose - sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory...

Revenue Rulilng 2009-19 departs from every requirement for an adjustment pursuant to a General Welfare Exception. In doing so, it creates a general housing loss risk minimization adjustment to gross income

Homeowners and politicians have simply ignored the Supreme Court's ruling in Kelo v. New London. Informal eminent domain moratoria - established when the Supreme Court agreed to hear the case - have simply continued post-Kelo. It has become evident that government is not willing to send in the...

The famous Atlantic Yards eminent domain case is now proceeding. It was filed in response to suggestion in my book--in The Eminent Domain Revolt--that eminent domain uses can be opposed by claiming that they fail the government purpose prong of minimum scrutiny.The first hearing has just been...

In the recent Affirmatively Furthering Fair Housing Rule, housing is identified as, in fact, dignity. Dignity is established as an individually enforceable right in Obergefell. The Rule fulfills all the requirements, both of Lindsey v. Normet and of West Virginia v. Barnette, for removing...

This is a postscript to the author's book, THE EMINENT DOMAIN REVOLT: CHANGING PERCEPTIONS IN A NEW CONSTITUTIONAL EPOCH, New York: Algora Publishing, 2006. The history of the scrutiny regime reveals that the Court has an elaborate remedy mechanism when government has failed to established...